People v. Taylor CA2/1

Filed 1/20/22 P. v. Taylor CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B306691

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA214317) v.

JERMAINE TAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura C. Ellison, Judge. Reversed. Edward J. Haggerty, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

We deem petitioner Jermaine Taylor’s petition for writ of habeas corpus to be a petition for resentencing pursuant to Penal Code section 1170.95.1 Initially, we affirmed the trial court’s order denying the petition to resentence Taylor on two counts of attempted murder. The Supreme Court ordered us to reconsider in light of the recently enacted Senate Bill No. 775 (2021–2022 Reg. Sess.), which makes defendants convicted of attempted murder eligible for resentencing. (Stats. 2021, ch. 551, § 2, eff. Jan. 1, 2022.) We now reverse the trial court’s order and remand the case to the trial court to appoint counsel and rule on the petition in light of Senate Bill No. 775.

BACKGROUND The following facts from the appellate opinion following the judgment of conviction are undisputed.

1. People v. Taylor et al. Taylor had tattoos suggesting that he was a member of the Crip gang and admitted membership in the Crip gang. (People v. Taylor (Nov. 25, 2002, B152885) [nonpub. opn.] (Taylor I).) The Crip gang was “at war” with the Hollyhood Bloods. (Ibid.) On October 24, 1998, as Raymond Brown was leaving the house of a Hollyhood Bloods gang member, Taylor and his confederate, Terrell Curry, shot multiple times at Raymond Brown. Sheriff’s Deputies Jacob Sanchez and Jacob Scuoler heard the gunshots and followed Taylor, who was driving Curry in a Buick. Eventually Taylor spun out of control and turned to face